专利联营之反垄断规制分析

由于“专利灌丛”问题,产业发展越来越受控于很多分散的、独立的专利权。专利联营解决了这一问题,它整合了互补技术,降低了交易成本,排除了专利间实施的交互限制,避免了昂贵的法律诉讼。但由于专利联营固有的“联合”特点,使其必然对联合体之外的市场主体构成限制竞争,具有“垄断”的先天嫌疑,而由于专利联营政策越来越被拥有较多专利权的跨国企业控制,特别是信息领域技术标准制定中诞生的专利联营,已经凸现出滥用市场支配力、防碍技术创新的趋势。因此,有必要制定专利联营的反垄断规则。

Antitrust Regulations Against Patent Pool

The “patent thicket” is thrusting industry in a quandary that the development of industry is increasingly subject to many disperse independent patents. Patent pool is deemed a way out, for it integrates complementary technologies, reduces transaction costs, clears bmocking positions, and avoids costly infringement litigation. However, patent pool is a sort of agreement between companies that inherently has anticompetitive potential. Patent pool is readily to be controlled by multinationals that house lots of patents worldwide. Especially, the patent pool built under ICT standards is tending to abuse market power and hinder technique innovation. Thus, patent pool is susceptible to antitrust review. The present endeavor, by analyzing both the positive and negative aspects of patent pool, is to address how to regulate it.